35 Iowa 41 | Iowa | 1872
The keeping of intoxicating liquors, with no intent to sell them within the State contrary to law, is not forbidden by the statute for the suppression of intemperance. Rev., § 1559. Intoxicating liquors in the possession of a citizen who holds them for the purpose of selling them lawfully within the State, or for transporting them without the State, for lawful traffic, are not, under the statute, subject to seizure. § 1525. To constitute the owning and keeping of intoxicating liquors unlawful, there must exist an intent to sell ‘ or dispose of them, within the State, contrary to law. In the absence of such intent, the possession of'this kind of property is lawful. If lawful, the law must protect the possession. The petition of the intervenor avers that the liquors were not kept for the purpose of unlawful sale. His possession was, therefore, lawful, and the act for the suppression of intemperance does not authorize it to be disturbed. There can be no dispute on this point if it be admitted that he acquired the possession from one authorized, under the law, to sell intoxicating liquors. But plaintiffs’ counsel
In our opinion the demurrer was erroneously sustained. The judgment of the circuit court'is therefore
Reversed.